§ 11-5-115 — Prevention of workplace violence

Arkansas § 11-5-115

• Jurisdiction: Arkansas
• Title: 11

Text

(a) If an employer or an employer's employee or invitee has: (1) Suffered unlawful violence by an individual as defined by § 5-13-310 , terroristic act; § 5-14-103 , rape; §§ 5-13-201 - 5-13-203 , battery; §§ 5-26-301 - 5-26-309 , domestic battering and assault on a family or household member; or a crime of violence as defined by § 5-73-202(1) ; (2) Received a threat of violence by an individual which can reasonably be construed as a threat which may be carried out at the work site as defined by § 5-13-301 , terroristic threatening; § 5-38-202 , threatening a catastrophe; §§ 5-13-204 - 5-13-207 , assault; or §§ 5-26-304 - 5-26-306 , domestic battering; or (3) Been stalked or harassed at the work site as defined by § 5-71-213 , loitering; § 5-39-203 , criminal trespass; § 5-71-208 , harassment; or § 5-71-229 , stalking, the employer may, in addition to, or instead of, filing criminal charges against the individual, seek a temporary restraining order, a preliminary injunction, or an injunction under Arkansas Rule of Civil Procedure 65 prohibiting further unlawful acts by that individual at the work site, which shall include any place at which work is being performed on behalf of the employer. (b) (1) Proof by a preponderance of the evidence of any action described in subsection (a) of this section shall constitute irreparable harm or damage to the employer or employer's employee or invitee. (2) Upon the granting of any restraining order, preliminary injunction, or injunction, the court may, among other appropriate orders: (A) Order the defendant not to visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site; (B) Order the defendant to cease stalking the employer's employee or invitee at the employer's work site; (C) Order the defendant to cease harassment of the employer or the employer's employee or invitee at the employer's work site; (D) Order the defendant not to abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's work site; (E) Order the defendant not to telephone the employer or the employer's employee or invitee at the employer's work site; or (F) Such other necessary and appropriate relief as is deemed appropriate in the discretion of the court. (c) When necessary to protect the employer or the employer's employee, invitee, or property, and when authorized by the court, temporary restraining orders, preliminary injunctions, and injunctions granted under this section may be served upon the defendant by a peace officer, sheriff, constable, police officer, other law enforcement officer whose duty it is to preserve the peace, or by any other person authorized by law to serve process, with appropriate orders to the officials to enforce the court's order. (d) Unless specifically modified or terminated by the issuing judge, all orders and injunctions issued under this section shall have statewide validity and may be enforced by the issuing court for any violation anywhere in the state and by any court of competent jurisdiction within the state for violations which may occur within that court's jurisdiction. (e) All orders and injuctions issued under this section shall contain language directing appropriate law enforcement agencies to enforce the court's orders. (f) Unless lack of good faith is shown by clear and convincing evidence, an employer and an employer's agents who act in accord with this section shall be presumed to be acting in good faith and are immune from civil liability for actions taken under this section. (g) Any employer, or its employee or invitee, which does not utilize the procedures of this section shall not be liable for negligence, nor shall evidence of the same be admissible as evidence of negligence. (h) (1) This section is not applicable in circumstances where an employee or the employee's representative is engaged in union organizing, union activity, a labor dispute, or any activity or action arguably protected by the National Labor Relations Act. (2) Nothing in this section is intended to change the act's preemptive regulation of legally protected activities nor to change the right of the State of Arkansas and its courts to regulate activities not protected by the act.

Legislative History

Acts 2001, No. 1084, § 1.